Simmons v. State

LATTIMORE, Judge.

The original opinion in this case is withdrawn, and that which follows is substituted.

In this ease the appellant was given three years in the penitentiary for assault to murder I. C. Prewitt, in the town of Granger, Williamson County, Texas. The assault was with an ordinary pocket-knife, shown by the evidence to have a blade a little over three inches long. Two blows were struck by appellant, one of which made a cut some fourteen inches long down and across the shoulder and arm of Prewitt, and the other penetrated the chest cavity and severed three ribs.

It appears from the…